Terms of Use

 

Last Updated: February 18, 2025

KILOGEAR International Inc. grants you access to our websites, such as www.KILOGEAR.com, www.KILOGEARFITNESS.com, and associated subdomains (collectively, "Sites"), as well as our services, apps, and social media accounts, on the condition that you accept these terms and conditions and the documents they refer to (collectively, "Terms of Use"). By accessing or using our Sites and services, you agree to comply with these Terms of Use, together with our Cookie Policy, Privacy Policy, Terms of Sale, and any other applicable policies.

1. USE OF KILOGEAR INTERNATIONAL INC. WEBSITES AND SOCIAL ACCOUNTS

By accessing www.KILOGEAR.com or any of our related websites or apps (collectively, "Sites, Services, and Apps"), you represent that you are at least 18 years of age, or 19 years old if accessing from Korea, or using the Site with the supervision of a parent or guardian. The content on our Sites—including logos, icons, trademarks, images, text, videos, designs, and other intellectual property—is owned by KILOGEAR International Inc., its affiliates, licensors, or content providers, and is protected by intellectual property laws, including copyright, trademark, and database rights.

You are granted a limited, revocable, non-exclusive license to access and use the Sites for personal, non-commercial purposes. Any unauthorized use, reproduction, distribution, or modification of the Sites or any content therein will result in the termination of your right to use the Sites and may subject you to legal penalties.

Prohibited Uses: You may not:

  • Use our content for data mining, machine learning training, or other automated processes without express written consent.

  • Reproduce, redistribute, or commercially exploit the content without our express written permission.

  • Frame any of our content, modify our logos, or use our intellectual property in any manner that would confuse consumers or damage our brand.

2. PRIVACY AND DATA SECURITY (GDPR & CCPA Compliance)

We are committed to complying with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). If you are a resident of the European Union or California, you have the following rights regarding your personal data:

  • Right to Access: You may request access to the data we have collected about you.

  • Right to Rectification: You may ask us to correct any inaccurate personal information.

  • Right to Erasure (Right to be Forgotten): You may request the deletion of your personal data, provided there are no legal grounds preventing us from doing so.

  • Right to Data Portability: You may request to transfer your data to another service provider.

  • Right to Opt-Out of Data Collection and Cookie Tracking: You may withdraw your consent for data processing, including cookie tracking, at any time. Please review our Cookie Policy for detailed instructions on managing cookie settings.

  • Data Retention Policy: We retain your personal data only as long as necessary for the purposes outlined in our Privacy Policy, or as required by law. Upon your request, we will securely delete your data when it is no longer needed.

For more information on how we collect, store, and use personal data, please review our full Privacy Policy.

3. SUBSCRIPTION & MEMBERSHIP

By registering for a subscription or membership with KILOGEAR International Inc., you agree to provide accurate, current, and complete registration information. You are responsible for keeping your account credentials secure and notifying us of any unauthorized access.

Auto-Renewals and Cancellations:

  • Subscriptions may automatically renew unless you cancel before the renewal date. If you cancel, you may lose access to subscription benefits after the current billing cycle ends.

  • Refund policies, if applicable, will be outlined during the subscription sign-up process.

Grace Periods and Inactive Accounts:

  • If payment failures occur, we may offer a grace period before suspending access. Accounts inactive for an extended period may also be suspended.

4. USER-GENERATED CONTENT (UGC)

By submitting content, including text, images, videos, and other forms of media (collectively, "Submissions"), you grant KILOGEAR International Inc. a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, distribute, and modify your Submissions for promotional and marketing purposes.

You acknowledge that you have the necessary rights to grant this license and that your Submissions comply with all applicable laws. You also waive any moral rights to the extent permitted by law, meaning we may use your content without attributing authorship, and you agree not to enforce any such rights.

Co-Branding Restrictions: You may not use KILOGEAR International Inc.’s intellectual property, such as logos or trademarks, in a way that implies a partnership or co-branding effort without prior written approval from us.

5. FTC COMPLIANCE AND ENDORSEMENT GUIDELINES

If you are an influencer, affiliate, or brand ambassador working with KILOGEAR International Inc., you are required to comply with the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials. All promotional content must clearly disclose any financial relationships, free products, or any other material benefits received from KILOGEAR International Inc.

Affiliate links, paid partnerships, and product reviews must contain a clear and conspicuous disclosure, such as “Sponsored by KILOGEAR” or “Ad,” to ensure compliance with FTC regulations.

6. AFFILIATE LINKS & COOKIES

Some links on our Sites may be affiliate links, meaning KILOGEAR International Inc. earns a small commission if you make a purchase through them. Your browsing experience may also involve the use of cookies to track certain preferences or actions. For more information on our cookie usage and how you can manage your settings, please refer to our [Cookie Policy].

7. Prohibited Uses & Account Security

By accessing or using KILOGEAR’s website, services, or digital content, you agree that you will not engage in any of the following prohibited activities:

Website & Platform Misuse

  • Attempting to hack, disrupt, or interfere with KILOGEAR’s website, services, or systems.

  • Scraping, data mining, or using bots to collect or extract content from KILOGEAR’s website without permission.

  • Introducing malware, viruses, or malicious code intended to damage, disable, or gain unauthorized access to KILOGEAR systems.

  • Attempting to bypass security features, authentication measures, or access controls on KILOGEAR’s website or systems.

  • Engaging in denial-of-service (DoS) attacks or any activity that impairs KILOGEAR’s services.

Unauthorized Use of Accounts & Data

  • Creating multiple accounts to bypass restrictions, abuse promotions, or engage in fraudulent activity.

  • Sharing, selling, or transferring your KILOGEAR account or login credentials to another person or entity.

  • Using another user’s account without their explicit permission.

  • Falsifying personal information or misrepresenting your identity when creating an account.

Fraudulent, Misleading, or Illegal Activity

  • Impersonating KILOGEAR staff, employees, affiliates, or representatives for any purpose.

  • Engaging in fraudulent transactions, chargebacks, or payment disputes in bad faith.

  • Using KILOGEAR products or services for any illegal or unauthorized purpose that violates local, state, or federal laws.

Unauthorized Commercial Use

  • Reselling, redistributing, or commercially exploiting KILOGEAR products or services without prior written consent.

  • Using KILOGEAR’s trademarks, logos, images, or content for commercial purposes without explicit permission.

Consequences of Violating These Terms

  • KILOGEAR reserves the right to suspend, terminate, or ban accounts that violate these terms.

  • Violations may result in civil and/or criminal penalties under applicable laws.

  • If we suspect fraudulent, illegal, or unauthorized activity, we may investigate and take appropriate legal action.

  • KILOGEAR reserves the right to take immediate action, including but not limited to account suspension, termination, legal prosecution, or reporting to law enforcement, in cases of fraud, abuse, illegal activity, or other violations of these terms.

8. Intellectual Property & Ownership Rights

All content, images, product designs, trademarks, patents, and proprietary technologies associated with KILOGEAR products and platforms are the exclusive property of KILOGEAR International Inc. and are protected by U.S. and international intellectual property laws, including copyright, trademark, and patent laws.

By accessing or using KILOGEAR's website, products, or digital content, you acknowledge and agree that:

Trademarks & Branding Protection

  • "KILOGEAR," "KILOGEAR PRO," and all associated logos, product names, and branding elements are trademarks and service marks owned exclusively by KILOGEAR International Inc.

  • You may not use KILOGEAR trademarks, logos, or branding in any way that suggests affiliation, endorsement, or approval by KILOGEAR without express written permission.

Copyright Protection (Content & Product Materials)

  • All website content, product descriptions, training materials, images, videos, and graphics are copyrighted works owned by KILOGEAR.

  • Users may not copy, reproduce, distribute, modify, or create derivative works based on any KILOGEAR content, including text, graphics, or multimedia, without prior written authorization.

Patents & Proprietary Technology

  • KILOGEAR owns and has patents pending for its micro-weight system, weighted vest technology, and other proprietary training innovations.

  • Any attempt to reverse engineer, modify, reproduce, create derivative works, or otherwise replicate any KILOGEAR product, weight distribution system, or proprietary training innovations, whether for personal or commercial use, is strictly prohibited and will result in legal action.

Unauthorized Commercial Use is Prohibited

  • Users may not sell, resell, distribute, or exploit any KILOGEAR product or digital content for commercial purposes without prior approval.

  • KILOGEAR reserves the right to pursue legal action against unauthorized resellers or distributors.

Reporting IP Violations

  • If you believe that any content, branding, or proprietary material on KILOGEAR’s platforms violates your intellectual property rights, you may contact [Insert Legal Contact Email].

  • KILOGEAR reserves the right to remove infringing content, suspend accounts, and take legal action against individuals or companies infringing on its intellectual property.

9. DISPUTE RESOLUTION: MEDIATION AND ARBITRATION

By agreeing to these Terms, you waive the right to participate in any class-action lawsuit against KILOGEAR International Inc. Any dispute arising from or relating to KILOGEAR products or services shall be resolved through binding individual arbitration administered by the American Arbitration Association. All disputes shall be governed under the laws of the state of Nevada, without regard to conflict of law principles.

Before initiating any formal dispute resolution process, we encourage you to first reach out to our customer service team to resolve the issue. Claims must be brought within one year of the event in question.

10. CHANGES TO THE TERMS AND CONDITIONS

KILOGEAR International Inc. reserves the right to amend these Terms of Use at any time. We will notify users of any material changes through a prominent notice on our Sites. Continued use of our Sites following the posting of changes will constitute your acceptance of those changes.

QUESTIONS AND COMMUNICATION:

If you have any questions or concerns, please email us at support@KILOGEAR.com.